536 ANNUAL REGISTER, 1818. 



twenty-six members. But, as a 

 representative is allowed for every 

 15,000 citizens, it would be more 

 numerous, if all the provinces 

 had sent delegates in that ratio 

 of population. 



With some exceptions, and 

 particularly of that palladium of 

 our rights, which is unknown to 

 the civil law, the trial by jury, 

 the provisional constitution will 

 be found, on an attentive perusal, 

 to contain a distinct recognition 

 of many of the vital principles of 

 free government. A church esta- 

 blishment also, that of the Catholic 

 faith, is contrary to our ideas of 

 religious freedom ; though a mea- 

 sure adopted from necessity, per- 

 haps, by them. 



It declares, that all power, 

 legislative, judicial and executive, 

 resides in the nation. The Con- 

 gress are to be chosen by electors, 

 who are to be voted for by the 

 people in the primary assemblies. 

 The Cabildos, or municipalities, 

 are to be elected immediately by 

 the citizens. It recognizes the 

 independence of the judiciary, 

 and declares the tenure of office, 

 with respect to the superior 

 judges, to be during good beha- 

 viour. It provides for the election 

 of a chief magistrate by Congress, 

 removable when they choose to 

 appoint a successor, and respon- 

 sible for the execution of the 

 duties of his office, which are 

 defined and limited. In the oath 

 of office, he is sworn to preserve 

 the integrity and independence of 

 the country. 



The three great departments 

 of state, of the treasury, and of 

 war, are distinctly marked out, 

 and their respective powers and 

 .duties assigned. 



On some subjects it enters 

 more into detail than is usual 

 with us, particularly in those of 

 their army, navy, and militia. 

 But this, perhaps, in their situa- 

 tion, was necessary. 



It provides that no citizen 

 shall accept a title of nobility, 

 without forfeiting the character 

 of citizenship. 



It provides, also, againstgeneral 

 warrants, and the arrest of indivi- 

 duals, unless on probable proof of 

 guilt. 



It contains a salutary provision, 

 that a judge, having original 

 jurisdiction, before taking cogni- 

 zance of the cause, shall usa all 

 possible means of reconciling the 

 parties. This constitution is but 

 temporary. The Congress are 

 engaged in the task of forming a 

 permanent one. In the mean 

 time, no alteration can be made 

 in the present, unless with the 

 consent of two thirds of the 

 members. In this manner some 

 alterations have been adopted. 



The subject of a permanent 

 constitution was before a com- 

 mittee of sixteen members of 

 Congress. There was a difference 

 of opinion prevailing among them 

 on the point of a confederated or 

 a consolidated government. If 

 the}' should adopt the former, 

 they will frame the constitution, 

 in all probability, nearl}' after the 

 model of that of the United States. 

 Should they decide on the latter, 

 it is highly probable they will 

 incorporate the leading features 

 of our system into their form of 

 government. Theyseem to concur 

 in the proposition to have a chief 

 magistrate elected for a, term of 

 years, and, a representative legis- 

 lature, to consist of two branches, 



A senate, 



